Abstract
In this chapter children’s rights and state obligations in relation to alternative care are presented, with reference to the UN Alternative Care Guidelines and the general comments and concluding observations of the UN Committee on the Rights of the Child. The CRC places great emphasis on supporting families to take care of their children. Prevention of the need for alternative care should take place by, inter alia, tackling child poverty and supporting families with children with disabilities, as well as by improving the caretaking abilities of parents in order to avoid neglect and abuse of the child. Any decision to place a child in alternative care should be subject to strict criteria and procedural safeguards, made by a competent body supported by qualified professionals, and involve the child him- or herself. The chapter discusses the type of care, with a preference for family type care. Once in alternative care the child has the right to protection and care in line with standards set by the State. Freedom from violence is a basic requirement, and children should enjoy their rights to education, food, play etc. The child has the right to retain contact with both parents unless contrary to his/her best interests. Monitoring and complaints mechanisms are necessary to ensure that the requirements are met. The possibility of reintegration or other long term solutions is presented, including support to children leaving care. In concluding, the author discusses possible reasons why states do not properly implement the CRC in this area.